Summary: We will not investigate Mr X’s complaint about the lawfulness of the Council’s additional charge for planning applications submitted by email or post. This is because it is for the courts, rather than us, to decide if the charge is lawful.

The complaint

1. Mr X complains the Council acted unlawfully in introducing an administration charge for planning applications submitted by email or post. Mr X is an architect and says the charge has pushed up costs for his clients. He wants the Council to cancel the charge.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

4. The Council says it has considered whether it is able to impose the charge and has sought advice from its legal team on the issue. It is satisfied it is able to impose an administrative charge and it is not for us to question whether the Council has interpreted the law correctly. The courts are better placed to determine the lawfulness of the charge and its decisions are binding on both parties.
5. The Council’s website is clear about the administrative charge and I cannot say it has caused Mr X significant injustice. This is because the charge brings the cost of an application into line with applications made via the Planning Portal and the charge is therefore now the same for everyone. This means that Mr X is not disadvantaged compared with any other professionals offering similar services and the charges are ultimately payable by his clients- the applicants. They would pay the same amount for their application whether applying themselves through the Planning Portal or by instructing Mr X to make an application on their behalf. The only additional costs lie in Mr X’s professional fees, which is something only Mr X can decide.

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Final decision

6. We will not investigate this complaint. This is because we cannot determine the lawfulness of the Council’s administrative charge or, therefore, achieve the outcome Mr X wants. The courts are better placed to consider and decide the issue.

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Investigator's decision on behalf of the Ombudsman